성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (10 million won in penalty, and 40 hours in completion of a sexual assault treatment program) is too unfluent and unfair, and the disclosure and notification order is also erroneous.
2. The judgment of the court below, which held the primary sentencing factors, including the nature of the instant crime, sexual humiliation and mental shock, the victim’s agreement with the victim, the Defendant’s criminal history and reflectivity, and the degree of exercise of force and tangible force, etc. in light of the nature of the instant crime in the course of the judgment of the court below’s sentencing, exceeded the reasonable limits of discretion.
It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.
In addition, the court below exempted the defendant from the order of disclosure and notification after recognizing a special circumstance that may not disclose or notify personal information on the grounds stated in its reasoning. In light of relevant evidence, pleading, legal doctrine, etc., the above judgment of the court below is just and there is no error such as misconception of facts, misunderstanding of legal principles, etc.
3. Accordingly, the prosecutor’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).